Smoking ban begins; lawsuits pending

INDIANAPOLIS (WISH) - At 6 a.m. Friday, a new law cleared the air at Indianapolis bars and bowling alleys, hospitals and hotel rooms. And for those on the front lines of the fight for a smoking ban, it was a day to celebrate. But the law now in effect is not what supporters wanted and still has to survive a legal fight.

“Breathe easy,” say the coasters handed out at formerly smoke-filled bars, now smoke-free, little more than six hours after the Marion County smoking ban began.

It was a historic moment in a long fight that took plenty of political compromise to get done.

"Today, we promote Indianapolis as a truly world-class city," said Lindsey Grace, chairowman of Smoke Free Indy.

Support for the ban came from both sides of the City County Council aisle.

"It was neat to see that this had a strong backing, because it is a public safety, a public health issue," said Jeff Miller, a Republican councillor.

It was a moment of celebration, but with the ban exempting private clubs, many would like to see the battle continue. It’s that exemption that has several bar owners suing over the ban.

"I'd love to see that expanded in those areas,” said Miller. “It's beyond our ability to do so, so we kind of had to say, ‘We can do what we can do?’ But I understand why they are frustrated."

More than a dozen lawsuits are still pending.

"The feedback I've gotten from multiple attorneys,” said Democratic City County Councillor John Barth, “has been universal in that the lawsuits that are out there do not have merit and they will not be successful."

Fighting the lawsuits, supporters said, will likely be easier than the fight to get to this day.

At least one attorney has joined the fight to stop the smoking ban in its tracks. While businesses must keep patrons from lighting up, the Marion County Health and Code Enforcement departments will conduct inspections and respond to complaints of violations from the public. Tickets will be issued with fines beginning at $100.